Dylan was last seen at his father’s home in Vallecito in November 2012. Some of his remains were discovered in 2013.

“We are very disappointed with the judge’s ruling as we could not confirm the remains were Dylan’s until they were positively identified as Dylan’s later,” Elaine Redwine told FOX31 Denver in an exclusive interview.

“We will continue on with the criminal case.”

Although the civil lawsuit has been tossed out, the criminal case is moving forward, she said.

Investigators labeled Mark Redwine a person of interest in the case in 2015.